Elders locked in land fight

AN ABORIGINAL man is fighting his eviction from a parcel of land in Elizabeth Town, arguing in a Supreme Court stoush that the 8ha property had been left in perpetuity for Indigenous Tasmanians to enjoy.

Robin West has taken on the Elders Council of Tasmania Aboriginal Corporation, which had listed the rural property at Bonney St for sale.

In his amended defence lodged with the court last week, Mr West said his partner Janace Symons owned the property until late 1994 before she agreed to transfer the title to the Elders Council for consideration of $1.

In return, he said it was a “common intention” that Ms Symons would use and enjoy the land for the rest of her natural life with other Tasmanian Aboriginal people, and upon her death, leave it for the benefit of the state’s entire Indigenous population.

Mr West also said oral statements were made by the Elders Council to Ms Symons that “your land is in safe hands”, free to use and enjoy for the rest of her life.

He also claims the council said “we understand your desire to give back to Tasmania’s Indigenous population who were dispossessed of land upon colonisation and we will hold the land for the benefit of all Tasmanian Aboriginals, past and present”.

“It would be unconscionable and would occasion detriment to both Symons and West for the (Elders Council) to deny the truth and effect of the common intention …” he said in his defence.

In its statement of claim, the Elders Council said the pair lived on the property in a small weatherboard structure with two tents, remaining there without its consent or licence to do so.

On Thursday, Associate Justice Stephen Holt noted Mr West’s claim was that the property was held in “constructive trust” for Ms Symons.

He gave the Elders Council a fortnight to reply to the defence, noting the matter could move into mediation.

The case will return to court on September 16.